kingofnowhere

I've never come across this before, but I can't imagine they could legally enforce such a clause. You are entitled to resign, to apply for PR, etc.

I'd have a word with them, get them to remove the clause.

 

Reassure them that you really want to work for them. You want the PR to protect yourself and your family should anything happen to their business in the future. You could also argue that if you wanted to work elsewhere anyway, you would just apply for PR right now and apply for other jobs - but you're not there to do that.

 

If they fail to see your point of view, they're probably not the type of employer you'd want to work for anyway. Don't be afraid to do what's right for you.

I had a brief discussion today with them, they did say (orally) that this is to prevent resources switching frequently,

Though didn't go into legality of the clause, just put other points like i already have my IELTS, and worked with other ex-employer for longer which puts me very close to the required points ext.. ext.. ...and finally they have agreed to remove the clause.

Thanks for ur advice, thoughts nd time.

Why do they plan on doing if they find out that you have applied for PR?

 

Are any fines mentioned in the contract, etc? (whether right or wrong)

Yes fines up to 5k Aud

Might be worth a read...

 

http://www.immi.gov.au/skilled/skilled-workers/_pdf/457-your-rights-work.pdf

Went thru the doc guess they can't restrict me this way not to apply PR r levy fines

And thanks for the 457 rights link.. It boosted my confidence to put a firm foot forward for this PR condition

It sounds like they are worried that you get PR and then leave.

 

I think you need to reassure them that wouldn't be your intention.

 

My DH's company paid for our PR application and all costs involved but if he leaves within 2 years then we have to pay it back.

Not sure if it would be possible to have some kind of deal with your employer?

 

PR is priceless.

ya their intention is resource retention.

planing to talk and workout something. I do want to go ahead with my PR in near future that's y the dilemma.

If your aim is to get PR then you would be ill advised to sign.

ya true not intending to sign,

I am gonna talk to them I wanted to make sure if they can even put such a restriction.

Never heard of that before! Being PR gives you a lot more 'rights' within the workplace - the main one is not being tied or dependent on your employer. I'm guessing he/she wants to keep you obliged to them, which (unless you find someone else to take it over) you will be 100% tied to them while on a 457.

 

If it were me I wouldn't want to sign... and even asking me to sign something like that would reinforce my desire to gain PR (and therefore independence) asap....

Thanks, I kind of have same thoughts not signing

Will talk to the employer about this clause.

Hi,

I recently switched employers in AUS and new emplyer filed a new 457

Now the new employer is asking me to sign a agreement saying i should not apply for PR while i work for him.

Just want to know if this is allowed or legal?

Hi

I am currently working with contractor 'A', and contracted to a client.

 

Now a new contractor 'B' would like to hire me to work for the same client (better pay & client switching from contractor 'A' to 'B') and the client is ok with it.

 

But 'A' has a clause in my work agreement that I shouldn't go back and work / contract to the same client within 60 days of my last day with the client under 'A'.

 

Want to know if this clause is valid and can 'A' impose such restrictions legally.

 

Let me know your thoughts.

 

Thanks

The clauses in my first contract in Australia pretty much forbade me working ever again in Australia in IT - as it would have stopped me earning a living it was unenforceable. What's the penalty if you switch?

the agreement says

- I cant work for any of 'A' 's AUS clients

-cannot take or help any one else move from 'A' to 'B' (basically to any A's AUS clients) and i am not gonna breach this

-only valid if its legal else the clause is severed

if breached it says they would workout a penalty and or withhold in part r full my final settlement for which ever clause i broke that are still legal.

hmm ok thanks

I have worked in US before and was told these types of restrictions are not legal there.

unless the client or the company he/she is moving to has any issues.

hmm ok thanks.

Hi

I am currently working with contractor 'A', and contracted to a client.

Now a new contractor 'B' would like to hire me to work for the same client (better pay & client switching from contractor 'A' to 'B') and the client is ok with it.

But 'A' has a clause in my work agreement that I shouldn't go back and work / contract to the same client within 60 days of my last day with the client under 'A'.

Want to know if this clause is valid and can 'A' impose such restrictions legally.

Let me know your thoughts.

Thanks